Do you know all these rules about premarital property? The new rules are out! Look

House is the most important thing for married couples. Premarital housing and post marital housing are the focus of both husband and wife. and

For the property purchased before marriage, how to distribute it if the husband and wife divorce in the future? You know what?

When a marriage encounters emotional breakdown and faces real estate, some families will get into trouble because of the division of real estate. It is precisely because many similar things happen that many friends who are ready to get married or have already got married have the idea of dividing their premarital property.

The current marriage law is also very clear about the division of pre marital property and post marital property, which is not entirely based on the name on the real estate certificate. So what are the rules? Provisions of the new marriage law on premarital real estate:

1. Who buys the house property in full before marriage, even if you add a name after marriage, you can't share the property right, let alone divorce.

2. Who pays the down payment before marriage owns the property right of the house. If the house loan is repaid together after marriage, the total amount of repayment after marriage and the value-added part are the common property after marriage. Property rights are inseparable.

At the same time, the latest judicial interpretation of the marriage law has three articles on real estate

Article 7 also stipulates that if the property right of a real estate purchased by one parent for their children after marriage is registered in the name of the contributor's children, it can be regarded as a gift only to one of their children in accordance with item (3) of Article 18 of the marriage law, and the real estate shall be recognized as the personal property of one of the husband and wife.

If the property right of the real estate purchased with the contribution of both parents is registered in the name of one party's children, the real estate can be recognized as jointly owned by both parties according to the contribution share of their parents, unless otherwise agreed by the parties.

Article 10 stipulates that if a husband and wife sign網貸 a real estate sales contract before marriage, pay the down payment with their personal property and make a bank loan, repay the loan with their joint property after marriage, and the real estate is registered in the name of the down payment payer, the real estate shall be disposed of by agreement between the two parties at the time of divorce.

Maybe some people still wonder after reading the articles of law. If one party buys a house with full money before marriage and obtains the real estate certificate, whose house will be counted in divorce? In fact, this situation is very clear. The house belongs to premarital property and does not participate in property division during divorce. Whether there is the name of the other party on the real estate certificate or not, it will not be divided at the time of divorce.

If one party buys a house with all the money before marriage and obtains the house property certificate after marriage, whose house is it when divorce? This situation belongs to premarital property. Even if the house property certificate is obtained after marriage, it belongs to only one party《 The marriage law stipulates that the house has been paid in full before marriage. Although the house property certificate is handled after marriage, the house property still belongs to personal property and is not divided at the time of divorce.

It is also said that before marriage, both parties jointly funded the purchase of a house. The house is registered in the name of one party. How to divide the house in divorce? When the unregistered party claims that the house is common property, first, it shall prove that it has fulfilled its obligation of capital contribution for the purchase of the house before marriage; Second, we should prove that we invested in the house before marriage on the premise that both parties recognized that the house we purchased was jointly owned.

If the corresponding evidence cannot be provided, the real estate will be recognized as the property of one party and will not be divided at the time of division. Of course, there are provisions on real estate and laws, but the prenuptial agreement also counts. Let's have a look.

1. Premarital property specified in the prenuptial agreement. Many friends will notarize the real estate before marriage, and the property will have legal effect after notarization. If the husband and wife sign a property agreement before marriage, the property after marriage will be executed in accordance with the property agreement. In other words, when one party uses the personal property agreed in the property agreement to buy a house, the house belongs to personal property.

2. The purchase of a house is funded by one parent. If the property purchased by one parent for their children after marriage is registered in the name of the contributor's own children, since the money for the purchase of the house is paid by the parents, this situation can only be regarded as a gift to one of their children. Therefore, the property does not belong to the joint property of husband and wife and is recognized as the premarital property of one of the husband and wife.